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What it is

Public bodies must publish information and citizens can request it

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 3 August 2012. Introduced by: Gobierno.

Official title: Government bill on transparency, access to public information and good governance.

Source: Congreso de los Diputados, file 121/000019· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law has three goals: expand transparency in public activity, guarantee the right of access to public information, and set good governance duties for public officials, with penalties if they are not met.
  2. Covered entities must regularly publish information about their organization, plans, internal rules, contracts, agreements, subsidies, budgets and the pay of senior officials. All of this is gathered in the Portal de la Transparencia (Transparency Portal).
  3. Anyone can request access to public information without having to explain why. The administration must respond within one month at most, and access is free, except for copies or format changes.
  4. Access has limits: national security, defense, personal data protection and other interests. If a limit only affects part of the information, partial access is granted with the protected part removed.
  5. If access is denied, you can file a claim with the Consejo de Transparencia y Buen Gobierno (Transparency and Good Governance Council) before going to court. This independent body also monitors compliance with active publication duties.
  6. Senior officials must follow good governance principles, such as not accepting gifts beyond customary social ones or using their position for personal gain. Very serious offenses can lead to removal from office and a ban on holding senior positions for five to ten years.

Who it affects

  • All Spanish public administrations and public sector entities, including universities and companies with more than 50% public capital: They must publish information regularly and answer access requests.
  • Political parties, unions, business organizations and private entities receiving significant public funding: They must publish their contracts, agreements and subsidies received from public administrations.
  • Any citizen: Can request public information without giving reasons and file a claim if denied.
  • Government members and senior officials at all levels: Must follow good governance principles and face penalties if they do not.

Words worth knowing

Publicidad activa (active publication)
The duty to publish information on your own initiative, without waiting for someone to ask for it.
Silencio administrativo (administrative silence)
If the administration does not answer in time, the request is considered denied.
Reclamación potestativa (optional claim)
An optional step before the Transparency Council, available before going to court.
Datos especialmente protegidos (specially protected data)
Highly sensitive personal data, such as health, ideology or religion, which can only be disclosed with the person's consent.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced3 August 2012Someone registers the text in the Congreso.
  2. Admitted4 September 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments7 September 2012Groups propose changes.
  4. Committee23 May 2013A committee goes through the text in detail.
  5. Plenary31 July 2013All 350 deputies vote.
  6. Senate12 September 2013The Senate can pass it, amend it or veto it.
  7. BOE28 November 2013It is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Sept 2012Dec 2012Mar 2013Jun 2013Sept 201311. 3 August 2012: Presentación22. 4 September 2012: Comisión Constitucional Publicación desde 04/09/2012 hasta 07/09/201233. 4 September 2012: Calificación44. 7 September 2012: Comisión Constitucional Enmiendas desde 07/09/2012 hasta 22/06/201355. 22 May 2013: Comisión Constitucional Mesa - Calificación desde 22/05/2013 hasta 23/05/201366. 23 May 2013: Comisión Constitucional Debate de totalidad desde 23/05/2013 hasta 30/05/201377. 22 June 2013: Comisión Constitucional Informe desde 22/06/2013 hasta 25/07/201388. 25 July 2013: Comisión Constitucional Dictamen desde 25/07/2013 hasta 31/07/201399. 31 July 2013: Pleno Aprobación desde 31/07/2013 hasta 12/09/20131010. 12 September 2013: Senado desde 12/09/2013 hasta 20/11/20131111. 20 November 2013: Pleno Enmiendas o veto del Senado desde 20/11/2013 hasta 28/11/20131212. 28 November 2013: Concluido - (Aprobado con modificaciones) desde 28/11/2013 hasta 14/01/2014

28 November 2013

How did the plenary vote?

More votes in favour 196 yes · 16 no · 109 abst.

Voted on: Remaining amendments.

This law had 32 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 14 of sitting 153· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), GC-CiU and Popular en el Congreso. Against, most of Mixto and GIP. 7 deputies voted differently from their group.

By province: in 45 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 45
  • Against: 0
  • Abstained: 1
  • Tie: 5
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
102 abst. · 8 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
4 in favour · 7 against · 7 did not vote
GC-CiU16
11 in favour · 5 did not vote
GIP11
8 against · 3 did not vote
GUPyD5
5 abst.
Popular en el Congreso185
176 in favour · 1 against · 2 abst. · 6 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 19/2013, of December 9, on transparency, access to public information, and good governance.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.